IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 27 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 2993 of 2026 AJAY SINGH Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Anas Makrani - Advocate for the applicant.

Shri Gaurav Rawat - Govt. Advocate for the respondent/State.

ORDER This first application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No. 95/2025, registered at Police Station - Makadon District Ujjain (M.P.) for offence punishable under Section 34(2) of M.P. Excise Act, 1915. Applicant is in judicial custody since

22.11.2025.

2. Heard the arguments.

3. Perused the grounds for grant of bail stated in the application and the relevant material on record.

4. Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant is falsely implicated in the alleged offence merely on information of co-accused in police custody. The illicit liquor was not seized from the active and conscious possession of the applicant. He has not committed the alleged offence. The final report has been submitted on completion of investigation. The applicant was given notice under Section 35(3) of the BNSS, 2023. He was taken into custody by the trial Court on 22.11.2025. There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing hardship to the applicant. Applicant is ready to cooperate in the trial. The alleged offence is not heinous or brutal in nature affecting society at large.

5. Per contra, learned counsel for the State opposes the application on the ground of gravity of alleged offence. Learned counsel refers to four criminal antecedents against the applicant. Applicant is aged around 28 years. He is an agriculturist by profession.

6. In reply, learned counsel for the applicant submits that the cases at Crime No(s). 71/2016, 457/2021, 510/2023 stand disposed of. The case at Crime No. 193/2025 is pending for trial . The applicant has never been convicted for any offence.

7. This Court has passed an exhaustive order on 01.12.2025 in the case of Prashant alias Lucky Vs. State of M.P.[M.Cr.C. No. 54226/2025] Relevant extracts of the order are reproduced below for convenience and ready reference:

“7. Section 59A of the M.P. Excise Act reads as under :-

59A. Certain offence under the Act to be non-bailable-

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974) or Section 59 of the Act,-

(i) ..................... ............................... .............................

(ii) a person, accused of an offence punishable under Section 49-A or a person not being a person holding a licence under the Act or rules made thereunder who is accused of an offence covered by clause (a) or clause (b) of sub-section (1) of Section 34 with quantity of liquor found at the time or in the course of detection of such offence exceeding fifty bulk litres shall not be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity to oppose the application for such release and in case such an application is opposed by the Public Prosecutor, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail :

Provided that no Court shall order for detention of such person in custody during the course of investigation for total period exceeding 60 days where it relates to an offence covered by clause (a) or clause (b) of sub-section (1) of Section 34 with quantity of liquor found at the time or in the course of detection of the offence under Section 49-A and on the expiry of such of 60 days or 120 days, as the case may be, and in the event of the report of complaint not being filed the accused shall be released on furnishing bail.

(iii) the limitations for grant of bail specified in clause (i